Compassionate Legal Counsel In Wrongful Death Cases
When a loved one is unexpectedly killed, one of the last things that the survivors may be thinking about is retaining a wrongful death lawyer. This is completely understandable. However, it may be extremely important to seek the guidance of an experienced attorney right away. On top of the entire emotional trauma, the surviving family may also have financial difficulties once the financial support of that deceased is gone. This financial hardship is one of the reasons that a wrongful death lawsuit may be right for you, and attorney Patrick Tighe is ready to help at Tighe Law, in North Palm Beach.
What Is Wrongful Death And Why Should I Consider Filing A Claim?
So we have all heard of the term wrongful death, but what does it exactly mean? A wrongful death claim is a civil action brought about by the surviving family members of someone killed by a negligent person or by the misconduct of someone else. With that being said, only a handful of people can actually file a wrongful death lawsuit. The Florida Wrongful Death Act reads that survivors of the deceased are able to seek compensation in the event that they have lost support or some other service as soon as their loved one died.
As defined in the Act, the survivors are listed as a spouse, a child, a parent, along with any relative that was providing some type of support, either financial or emotional. It is important to understand that there is a time limit to file a wrongful death lawsuit in Florida, and failure to file within this time will result in the dismissal of a case.
How Do You Determine Whether Their Are Grounds For A Wrongful Death Case?
There are certain elements to meet for a wrongful death case to proceed. Generally, these cases will involve negligence, recklessness or some type of deliberate poor action that resulted in your loved ones’ death. When someone acts negligently, it means that they failed to act in a manner that a reasonable person would have under the same or similar circumstances. A clear example is drunk driving accidents.
Proving Your Case
In order for your lawyer to win your case, they will have to prove that a wrongful death occurred and will have to show that the individual who caused the accident had some type of duty to care for the person who died. While they had this duty, their action or lack thereof was not up to a reasonable standard of care, and that these actions are the direct cause of death.
When you discuss your case at Tighe Law, Mr. Tighe will analyze all the evidence, facts and circumstances of your case and give an honest opinion of the accident and your situation. He will also discuss your options to further empower your decision-making. The goal is to recover the compensation you need to help you move forward and seek justice.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Florida?
Those who have lost a loved one to wrongful death can seek justice through a lawsuit. Under Florida law, wrongful death lawsuits must be filed by the personal representative of the deceased’s estate.
The representative may do so on behalf of surviving family members, such as the decedent’s spouse, children or parents. Other blood relatives who were financially dependent on the deceased may also seek legal action.
The personal representative is usually named in the deceased’s will or estate plan. However, the court can appoint a representative to manage the lawsuit. For the most favorable results, they should be organized, trustworthy and capable of managing legally complex wrongful death cases.
What damages can you sue for after a wrongful death?
The available damages in a Florida wrongful death lawsuit can include:
- Loss of support or services
- Medical expenses incurred before death
- Mental pain and suffering of survivors
- Funeral and burial expenses
Family members may also be eligible for damages that cover the loss of the decedent’s net accumulations. These damages can help to replace the financial contributions they would have made to their estate over their expected lifetime (savings, investments, income, etc.).
In some cases, punitive damages may be awarded if the person who caused the death acted particularly recklessly or egregiously.
How long does a wrongful death lawsuit take in Florida?
The duration of a wrongful death suit tends to vary widely. In a typical case, it can take one to three years, depending on the details of the case and the willingness of the parties to settle.
The discovery phase, which involves gathering evidence and interviewing witnesses, can be time-consuming. Additionally, negotiations for settlement may prolong the process if the parties cannot agree.
Unfortunately, several factors can prolong their duration, including complex evidence gathering, uncooperative defendants, lengthy discovery processes and extensive witness testimonies. These elements can all delay the resolution, making the process take years to complete, especially without representation.
Why do I need an attorney for a wrongful death case in Florida?
It can be challenging to navigate the complexities of Florida wrongful death cases without attorney guidance. A lawyer can help with gathering evidence, identifying liable parties, filing legal documents and negotiating settlements. They can also represent you during courtroom proceedings.
The benefits of representation throughout a wrongful death lawsuit cannot be overstated. They include:
- On-the-spot protection and advocacy
- Immediate access to legal information
- Improved odds of obtaining a just outcome
A lawyer who has experience with wrongful death cases can also be a source of emotional support and guidance, helping you understand your options and make informed decisions.
Your Case Evaluation Is Free Of Cost
Call 561-363-3947 or send an email to schedule your consultation today. Learn more about your options. Let us help you through these challenging times.